Okatie, SC asked in Estate Planning and Probate for North Carolina

Q: What next with NC Assignment of Spousal Years Allowance form?

My wife passed away and I have filed for the Assignment for Spousal Years Allowance with the Clerk of Courts. She has a few hospital bills that need to be paid, will my bank accept the sealed/certified Allowance Form (AOC-100-E) form of will they also require I file for an EIN number? When more checks come in do I need to contact Clerk of Courts for them to update the file or will I be required to file a brand new form listing the new money?

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1 Lawyer Answer
Sara W. Harrington
Sara W. Harrington
Answered
  • Estate Planning Lawyer
  • Chapel Hill, NC
  • Licensed in North Carolina

A: I'm sorry for your loss.

You're off to a good start by filing the Spousal Allowance form.

If your wife listed you as the beneficiary (also called TOD or POD) on her financial accounts or if you had a joint account held as "joint tenants with right of survivorship", the financial institutions should transfer the funds to you and it will pass outside the estate. This should not be counted against your Spousal Allowance.

If you were not the beneficiary and have listed your wife's bank account on the Spousal Allowance, that will give you the authority to close her account and transfer the money into your account.

You only need to file for an EIN if the estate needs to file a tax return and that is only triggered if the estate will generate more than $600 in annual income.

When more checks come in or you remember more assets, you can amend the existing Spousal Allowance form. Many Clerk's offices allow you to copy the previous Spousal Allowance form and add in the new assets to create the Amended Application, but it varies depending on the local rules.

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